People v. Hernandez CA3

Filed 2/10/22 P. v. Hernandez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C094100

Plaintiff and Respondent, (Super. Ct. No. 20CF06336, 21CF00277, 21CF00415) v.

DENISE ANN HERNANDEZ,

Defendant and Appellant.

Appointed counsel for defendant Denise Ann Hernandez has filed an opening brief in defendant’s consolidated case on appeal, setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After reviewing the entire record, we affirm the judgment. I. BACKGROUND Defendant broke into a residence and stole various items. In case No. 20CF06336 (336), defendant was charged with first degree residential burglary (Pen. Code, § 459—

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count 1)1 and identifying information theft with a prior theft conviction (§ 530.5, subd. (c)(2)—count 2). In a separate incident, defendant stole a debit card and used it to purchase goods and services. In case No. 21CF00277 (277), defendant was charged with identity theft (§ 530.5, subd. (a)—count 1); forgery relating to identity theft (§ 470, subd. (d)—count 2); grand theft by access card (§ 484g—count 3); and identifying information theft with a prior theft conviction (§ 530.5, subd. (c)(2)—count 4). Defendant was found in possession of multiple identification cards, passports, a stolen car, and other stolen items related to case Nos. 336 and 277. In case No. 21CF00415 (415), defendant was charged with multiple identifying information theft (§ 530.5, subd. (c)(3)—count 2); receiving a stolen motor vehicle (§ 496d—count 3); and identifying information theft with a prior theft conviction (§ 530.5, subd. (c)(2)—count 4). In a global plea hearing, defendant pled no contest in case No. 336 to count 1 (first degree residential burglary); no contest in case No. 277 to count 3 (grand theft by access card) and to count 4 (identifying information theft with a prior theft conviction); and no contest in case No. 415 to count 3 (receiving a stolen motor vehicle) and count 4 (identifying information theft with a prior theft conviction). In exchange for her no contest pleas in all three cases, defendant was promised a maximum state prison sentence of eight years eight months and dismissal of all remaining counts and allegations. In a consolidated sentencing hearing, the superior court imposed an aggregate prison term of six years eight months as follows: the middle term of four years for the burglary in case No. 336; one-third the midterm, eight months, for grand theft by access card in case No. 277; one-third the midterm, eight months, for identifying information theft with a prior theft conviction in case No. 277; one-third the midterm, eight months,